Dispositive Motions + Others (JNOV/DV (TIMING- FED DV anytime b4 going to…
Dispositive Motions + Others
no DJ against minor/incompetent unless guardian/representative appears in action
party fails to defend
can be set aside for good cause depending on if...
∆'s act was wilfull
setting it aside would prejudice π
π presented a meritorious claim
No genuine dispute as to material fact & movant is entitled to JML; ct construes in light most favorable to non-moving party
Movant- B.o. Persuasion THEN shifts to non-movant to show genuine issue of material fact
THEN shifts to non-movant to show GIMF; must set forth specific facts
considers depos; interrogatories; written admissions; affidavits; transcripts of evid. TIMELY FILED
30 days after close of discovery;
- if action set for trial/pre-trial, must get
LEAVE OF CT
and motion must be served 14 days b4 hearing
DV anytime b4 going to jury;
1. after opp opening statement; 2. close of opp's evidence; 3 close of all evidence
No need for DV for JNOV
TIMING- JNOV- 28 days after judgment entry
Ct views evidence and
in light most favorable to non-moving party
can do it once as a matter of right
must be b4 opponent answers, motions for SJ or dismissal
get 1 year to refile as a right or whatever remains on SOL (whichever is LATER)
happens if you don't follow the rules/ct order
- after π has completed his presentation of evidence ∆ can move for I.D. on the ground that, upon the facts and the law, the plaintiff has shown no right to relief.
Ct may wait til close of evidence.
lack of PJ; SMJ; or for failure to join a necessary or compulsory party.
the ct tells the parties their rights and responsibilities w/o awarding damages or ordering them to do/not do anything
has effect of judgment on merits
28 days after entry of judgment
OH- can be granted if...
Excessive or inadequate damages
, appearing to have been given under the influence of passion or prejudice;
Accident or surprise
which could not have been avoided by ordinary prudence;
Misconduct of the jury or prevailing party;
Error in the amount of recovery,
whether too large or too small, when the action is upon a contract or for the injury or detention of property;
The judgment is goes against the
weight of the evidence
contrary to the law;
Irregularity in the proceedings
of the court, jury, magistrate, or prevailing party by which an aggrieved party was prevented from having a fair trial;
Newly discovered material evidence,
which with reasonable diligence he could not have discovered and produced at trial;
Error of law
occurring at trial
In the sound discretion of the court,
for good cause shown.
Relief from Judgment
TIMING- reasonable time (1 year MAX)
ct may set aside if...
Mistake, inadvertence, surprise, or excusable neglect
Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial;
Fraud, misrepresentation, or other misconduct of an adverse party
The judgment has been
satisfied, released, or discharged
a prior judgment upon which it is based has been reversed or otherwise vacated
it is no longer equitable that the judgment should have prospective application
Any other reason justifying relief from the judgment.